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Frederick H. Davis

Partner

Fred helps clients with litigation involving intellectual property, class actions, consumer-protection compliance, and other business and governmental issues. Formerly in-house, he understands the value of clear, frank, and solution-oriented counsel.

Fred is a partner in the Little Rock office. He works with Arkansas and national practice groups representing clients in disputes involving patent, trademark, copyright, and trade secret protection and defense; the defense of class, derivative, and collective actions; and consumer protection, securities, administrative, and election law. 

Formerly in-house counsel to a regional health insurance company, Fred also advises technology, data management, financial services, and healthcare clients on protecting and enforcing IP rights and data privacy and security, and helps companies leverage firm expertise on technology transactions, mergers and acquisitions, raising capital, and equity compensation.

Fred has experience with alternative-fee arrangements and works with prospective clients to explore and develop business-centered strategies for investment in legal services.

Fred is proud of his pro bono work. He has represented a prisoner in his religious exercise claims against a state correctional system, abandoned immigrant children seeking permanent legal status, and nonprofit organizations dealing with compliance, operational, and funding challenges and goals.

Recent Publications & Presentations
Government Service
  • United States Attorney’s Office for the Western District of Arkansas in Fort Smith (law clerk)
  • Judge Robin Wynne, Arkansas Court of Appeals (law clerk, 2012)
  • Office of the General Counsel, University of Arkansas, Fayetteville (student law clerk)
Community Involvement
  • ACCESS® Group, Inc. (Board of Directors; Development Council; Co-chair, Bingo Bash, 2017)
  • Arkansas Symphony Orchestra (SHARP member)
  • Oxford American (OA Society member)

 Intellectual Property
  • Defended patent infringement action Bombardier Recreational Products and BRP U.S. Inc. v. Arctic Cat (D. Minn.) involving recreational vehicle technology. After a three week-trial, Arctic Cat prevailed when the jury invalidated the asserted patents.
  • Briefed successful defense of patent invalidity jury verdict to Federal Circuit Court of Appeals.
  • Member of team briefing appeal defending client’s multi-million-dollar patent-infringement judgment. (S.D. Fla., Fed. Cir.).
  • Drafted and analyzed arguments for Markman and dispositive motions in several patent-infringement cases.
  • Advised university on intellectual property portfolio, including trademark protection and licensing.
  • Represented technology and financial services company in protecting trade secret and proprietary information from public disclosure under the Arkansas Freedom of Information Act (Ark.). 
Class Action
  • Successful defense of energy company in competing royalty class actions and mass actions of more than 12,000 class members filed in state and federal courts, including CAFA removal, opposition to class certification, appeal of overlapping class-certification decisions, dispositive motions, and trial (E.D. Ark., Ark.).
  • In federal case Smith v. SEECO, Inc. et al. (E.D. Ark.), after a two-week trial, co-counsel and firm team achieved a complete defense victory, with the jury rejecting the plaintiff’s claim for $300 million in actual and punitive damages and penalties.
  • Winning favorable resolution of competing shareholder class actions and individual suits in state and federal court seeking to block merger transaction of publicly held client (E.D. Ark., Ark.).
  • Defense of related securities class action and shareholder derivative suits after stock price drop (E.D. Ark., S.D.N.Y.).
  • Successful pre-certification defense and dismissal of putative Telephone Consumer Protection Act (TCPA) class action against healthcare information, services, and technology company (E.D. Ark.).
Consumer Protection Defense
  • Defense of TCPA class action against healthcare information, services, and technology company, resulting in precertification dismissal (E.D. Ark.).
  • Defense of single-plaintiff TCPA claim alleging hundreds of unauthorized, automated calls against financial services and technology company, successfully compelling arbitration and achieving nominal settlement (E.D. Ark.).
  • Advised industry leading data-management company on compliance with data privacy and security regulations, including requirements related to the TCPA, HIPAA, HITECH, and the Affordable Care Act.
Pro Bono
  • Represented Muslim inmate in religious exercise claims under the First Amendment and RLUIPA against the Arkansas Department of Corrections. After a federal bench trial (E.D. Ark.), the court found the Department’s meal-plan policy violated the federal statute and constitution by burdening Mr. Muhammad’s sincere religious belief that he keeps a halal diet and consume meat daily and that the Department failed to show its policy was related to legitimate prison concerns. On appeal (8th Cir.), circuit court reversed judgment based on failing to exhaust administrative remedies.
  • Obtained state court predicate orders for applications of abandoned immigrant children for special immigrant juvenile status (Ark.).

  • Super Lawyers, Mid-South “Rising Star,” 2017-2019
  • American Society of Law, Medicine and Ethics, Health Law Student Award, 2011